The
Ellettsville, Indiana,
Roll Call: Patrick Stoffers asked for roll call of
the Council Members. Members present
were: Patrick Stoffers, President; William
Evans, Vice-President; Phillip Rogers, Lisa Creech and Dennis Williamson. Also present were Sandra Hash,
Clerk-Treasurer; Mike Spencer, Attorney; Rick Coppock, Town Engineer.
Supervisors
Present:
Approval of the regular meeting minutes
for
Lisa Creech made a motion to approve the minutes for
Action to pay Accounts
Payable Vouchers
William Evans made a motion to pay the accounts payable vouchers. Lisa Creech seconded. Motion carried.
Announcements –
Free flu shots for Town employees, paid by the Town through
Sandra Hash explained the Town
had arranged with
Resolutions
Resolution 23-04 concerning
the Council’s desire to pick up all of the three percent (3%) mandatory
contributions by the employees, who are members of PERF
Lisa Creech read the resolution in its entirety.
Patrick Stoffers this was a budgetary decision made by the Council which was made in lieu of salary raises for the Budget Year 2005. He added this is a fairly common practice for government entities to pick up employees’ 3% contribution.
Lisa Creech made a motion to
adopt Resolution 23-04. William Evans
seconded. Motion carried.
Resolution 24-04 Transfer of
Funds
Lisa Creech read the resolution in its entirety.
From: G-122 Group Health Insurance $500.00
To: G-123 Unemployment Tax $500.00
From: Parks 342 Skate Park Property and Liability $162.50
From: Parks 343 Skate Park Medical and Accident $112.50
From: Parks 314 Legal Services $300.00
From: Parks 211 Miscellaneous Supplies $1,000.00
To: Parks Community Support $1,575.00
Patrick Stoffers asked for Sandra for a synopsis.
Sandra Hash said the unemployment tax had gone up at the beginning of the year which was not budgeted for in the previous budget so this adjustment was needed. The other transfer is per a Parks Board memo requesting to transfer these funds in order to pay for the security the Ellettsville Police Reserves are providing.
William Evans made a motion to
adopt Resolution 24-04 Transfer of Funds.
Phillip Rogers seconded. Motion
carried.
Ordinance on First
Ordinance 04-18 Additional Appropriation
Patrick Stoffers read by title and asked Sandra for a synopsis.
Sandra Hash explained this is for “bookkeeping housework” and explained
the reason for each additional appropriation.
The Planning and Zoning Administrator’s vehicle had unexpected repairs,
more funds were needed to cover Rule 13 Storm water unexpected expense, fuel
for the PZA’s vehicle which was taken out of B-215 and a new appropriation line
created for fuel for the vehicle and other vehicle maintenance was taken out of
the street light line which needed to be reimbursed. These were issues not anticipated in 2003
for budget year 2004.
P-231 Vehicle Repair and Maintenance $1,540.00
G-315 Miscellaneous Professional Expense $5,000.00
B-215 Office Supplies / Permit Forms $1,000.00
B-221 Gasoline and Vehicle Maintenance
$ 500.00
Total for General Fund: $11,440.00
Sandra added in 2003 $11,200.00 was encumbered for the PZA but, those
funds could not actually be carried over for Personal Services so this money is
actually covered from remaining funds from 2003.
Ordinance 04-19 an ordinance to amend chapter 36 of the Ellettsville
Town Code concerning Holidays
Patrick Stoffers read by title and asked Sandra for a synopsis.
Sandra Hash explained Lisa Creech introduced an ordinance last year
that added Veteran’s Day and Election days (primary election in May and fall
election in November); however, that Council denied the election days but
approved Veteran’s Day. When the Town Code
was codified by American Legal it wasn’t clearly defined to leave off the
election days and they inadvertently added Election Day to the Town‘s Holidays list. She said it is her understanding this Council
would like to amend the Holidays section of the Town Code to give all Town
employees election days on election years off as it is already stated in the
Code and to correct paragraph #1 to change eight hours off to one shift off for
all personnel other than fire and to correct that Fire personnel will receive
five paid holidays on election years and four paid holidays plus eight hours on
years without elections in paragraph #2.
Therefore, on election
Ordinance 04-20 annexation request for Chris Sims, Timothy Sims and
Michael Sims at
Sandra Hash explained this parcel was divided in the 1990’s so homes
could be built on a portion and just that portion was annexed into the
Town. The owners would now like to have
the remaining property to be annexed into the Town to have uniformity on all of
their property instead of part of it being in the Town and part of it being in
the County. It is behind an existing
commercially zoned area so they are requesting commercial zoning.
Ordinance 04-21 annexation request for Arthur and Mary Ann Staggs at
approximately
Rick Coppock explained
this property is to the north of Union Valley Farms and the petitioners Arthur
and Mary Ann Staggs want to continue with the same design concept as the Union
Valley Farms subdivision. This is zoned
R-1. The single lot with the existing
house on it will remain the same.
Comments:
Jennifer Freeman is
an adjacent property owner and stated she would like the area to remain the
same as it is currently or at least not have four homes per acre as planned. This development will take away from the
environment that is there now and asked the Council to consider her concerns.
Ordinance 04-22 vacating the alley between 108 and
Bob Sowder explained
prior to purchasing their property they were told it was a private drive, then
sometime in the 80’s they were asked to tear down an old garage/storage
building that set in the alley so that the Town could repave the alley. They thought that it would be a good idea so
they contracted to have it torn down then found out the Town was wrong and that
it wasn’t an alley after all. The property
owner Nancy Acuff then built a wooden fence across the drive to prevent through
traffic saying her Attorney Fred Gregory said it was not an alley but a private
drive. Since INDOT has completed
bringing their drive up to grade the Town now thinks again the drive is an
alley. Therefore, he brought this issue
up before the Plan Commission and Town’s Attorney Mike Spencer suggested they
request the alley be vacated officially to clear up this issue. The
property sets mainly on
Ordinance 04-23 zoning change from C-2 to I-1 from approximately
104-114 W. Temperance (Plan Commission
denied)
Bob Sowder explained prior to purchasing their property in 1978 they were told by Town Officials they were zoned the same as Robinson Block which is Commercial, Light Industrial. In June of this year Jeffery York, former PZA sent them a letter stating they were zoned C-2. He spoke to Mr. York about this issue and a second letter from Mr. York reiterated they were zoned C-2 Tourist Commercial which was taken from the 1966 zoning map. He doesn’t understand why Town Officials have repeatedly told him and Darlyne over the past twenty-six years that their zoning is the same as Robinson’s even when they have specifically asked about their zoning and feels there must be some confusion on the maps or maps must be missing. In the Town Code their type of business is listed only under industrial (Town Code section 152.080) which indicates warehousing and distribution are acceptable in the I-1 district and that is what Sowder Distributing Company is and has been for twenty-six years. If they do not get officially zoned Commercial, Light Industrial their business could be in jeopardy and possibly put them out of business if rezoned to C-2. He touched on other issues Mr. York had reported in his staff report to the Plan Commission such as parking and Bob said they have adequate parking spaces. He believes Mr. York rushed through this issue and didn’t look deep enough because Mr. York was incorrect in his assessment of the areas surrounding them being vacant buildings, they are in fact in use for merchandise storage. There are other occupied homes near them also including the owner of the old operating carwash as well as the home with at least three apartments. He and Darlyne think changing their zoning to C-2 will be detrimental to their business and property values. None of their neighbors they have spoken to have voiced opposition to the I-1 zoning. They are requesting rezoning from C-2 to I-1 to correct the mistake that has occurred somewhere along the line since the property was purchased by them.
Comments:
Lisa Creech pointed
out Mr. York brought this entire issue came up because of the storage trailers
and asked Bob for confirmation.
Bob Sowder confirmed
Mr. York said he couldn’t have the trailers parked there under this zoning of
C-2 which is their actual zoning. He’s
been told some people would like to see the trailers moved but where they’re
parked right now is kind of a secluded location behind the building where
they’re hard to see. He’s had people
from the Town tell him he should move his trailers across the road to
Robinson’s property which is zoned appropriately and that would solve the
problem. So if they look “bad” on my
property they’re going to look bad sitting on Robinson’s property. He can’t move the trailers quickly because they
are full of merchandise and he doesn’t have anywhere to put the merchandise
right now. He is renting one of the
trailers and would like to get rid of it.
Lisa Creech said the Code reads if the property is zoned I-1 is says
that residential should be prohibited in that zone so since they (Bob and
Darlyne) live next to the business that could be a problem for them if the
Council would allow the I-1 zone. She
said suggested they really look at this because they might solve one problem
for the business but end up with another for their residence.
Sandra Hash pointed out in Jeff York’s staff report is said if it was
zoned Industrial that could lead to other manufacturing in that part of the
Town, if it were to be sold, which the Town may not want.
Bob Sowder pointed out the code limits the type of manufacturing that
could go in that type of zoning. It
also says it needs to be on or along an arterial street which that would
be. He doesn’t understand why zoning it
Commercial, Light Industrial would be a problem; his neighbors are fine with
it. If the zoning doesn’t get changed the
Town may force them right out of Town and he might have to file bankruptcy.
Lisa Creech said reading the Code she thinks they will fit into the C-2
and not be driven out of Town and but they will still have to move the
trailers.
Ordinance on Second
Ordinance 04-16 an ordinance to amend sections 152.220 – 152.227 and
adding section 152.228 of the Ellettsville Town Code concerning parking,
loading and driveways
Patrick Stoffers read by title and asked Sandra for a synopsis.
Sandra Hash explained the Council had passed an ordinance in April that
had several drastic changes to the Town Code but Jeff York after handling
several issues with the public realized the ordinance was too restrictive and
hard to enforce. Jeff realized the
ordinance needed to be revised so that the public could come into compliance
more easily so Jeff revised the ordinance after several Plan Commission
meetings and public comments. She pointed
out since we don’t have a PZA we don’t have anyone to issue driveway permits
currently. She requested to be allowed
to only publish the fee schedule in the newspaper and not the entire ordinance
since this is such a large ordinance.
Pat Stoffers said he thinks the entire ordinance should be published.
Mike Spencer said the entire ordinance needed to be published.
Dennis Williamson asked if some people previously paid $25 for driveway
permits including him when the first version of the ordinance was adopted; do
those people get a $20 refund because a few people have asked him.
Sandra Hash said that question should be considered by the Council.
Patrick Stoffers said that won’t be taken into consideration until
after this ordinance is officially adopted and published.
Lisa Creech made a motion to adopt Ordinance 04-16. William Evans seconded. Motion carried.
Ordinance 04-17 an ordinance to amend sections 152.101 – 152.112 of the
Patrick Stoffers read by title and asked Sandra for a synopsis.
Sandra Hash explained the Indiana Department of Natural Resources (DNR)
met with
Dennis Williamson asked if there was a permit fee, section 152.104 and
if so how much.
Rick Coppock said there was no actual permit fee for site improvements
currently. He believes the Town will
have to look into issues such as this further.
Dennis Williamson and Lisa Creech pointed out by passing this ordinance
the Town will be creating the requirement for having site improvement permits.
Mike Spencer agreed there are obligations of the PZA in this and some
of the same information concerning floodplains may have been in the old
floodplain ordinance. This ordinance
adds an administrative review of plans so a site improvement permit will need
to be created if this ordinance is passed.
Therefore, potential developers will have to provide proof of approval
from the DNR before the PZA can issue a site improvement permit.
William Evans made a motion to pass Ordinance 04-17 concerning
floodplains. Lisa Creech seconded. Motion carried.
Old Business -
None
New Business
Preliminary and Final Plat request for Meadowlands, section Six
Subdivision (six lots, zoned R-2) (Plan
Commission Approved)
The public
improvements are already complete.
Lisa Creech made a motion to approve the both the Preliminary and Final
Plat for Meadowlands, section Six Subdivision as zoned R-2. William Evans seconded. Motion carried.
Capacity Certification / Allocation request from Riverbend
Phases II and III
Tyler Doades of
Smith Neubecker & Associates, Inc. is here
representing the petitioner Mohney Homes, Inc.
He said they are requesting a Capacity Certification / Allocation letter
from the Town for a new development with fifty-seven (57) single family homes
to connect onto the sewer.
Rick Coppock has
reviewed the subdivision off of Smith Pike.
It will be tied into the Eastern-Richland Sewer Corporation sewer
system. The Town’s system does have the
capacity to accept this additional flow.
Trick or Treat hours for Ellettsville (October 31st is on
Sunday this year)
Patrick Stoffers read by title and said he had discussed setting
permanent hours with Sandra. He asked Sandra
to explain past practices for Halloween.
Sandra Hash explained it has varied by half an hour or so in the past
but the hours are generally 6 to 8 p. m. and she is okay if they want to make
set hours forever for trick or treat night.
She has already received several calls from concerned mothers.
The Council agreed it would be a good idea to set the hours at
tonight’s meeting for trick or treat hours forever on Halloween.
Dennis Williamson suggested the time start at
v Dennis Williamson made a motion to allow the Trick
or Treat hours be set between the hours of
Street light agreement for
Jim Ragle said this
is a standard agreement when new subdivisions go in, they decide where new
street lights should be placed. Cinergy
stayed with the seven dollar price.
Sandra Hash said
this is a ten year contract so we will get that good rate for those years. Cinergy met with her a month ago and said
once those ten year contracts expire they will not renew those contracts. Then we will be charged the basic monthly fee
but we will be charged for repair work.
Lisa Creech made a motion to adopt the Street light agreement for
Agreement between the
Jim Ragle explained that he had worked out an agreement with Jim Davis for
the Fire Department to generate an agreement per Jim Ragle’s request so the
Street Department and the Township Trustee could share the old Fire Station
building located at
Jim Ragle has also been sworn in on the Richland Township Advisory
Board.
Phillip Rogers made a motion to accept the lease agreement between the
Town of
Police Change Order - Change Order Estimate # 9
Ron McGlocklin explained
Ron Gellenbeck had spoke to Pat Stoffers on this. This change order is to cut a hole in the
wall for evidence lockers to place and pass evidence thorough so that it can be
secured in lockers.
Pat Stoffers spoke to Ron Gellenbeck and he thinks this is a sensible
change order.
William Evans made a motion to accept change estimate # 9 for $1,262.89
for the Police Station. Lisa Creech
seconded. Motion carried.
Fire Change Orders – Change Order Estimate # 4 and # 5
Jim Davis read all the changes for each change order
Change Order # 4 - item 1 added insulation between the bedrooms walls; item
2 added ceiling fans in the apparatus space; item 3 is for altering the fresh
air intact grills to help remove carbon monoxide and bring in fresh air, item 4
is a deduct changing the oil separator in the bay floors, additional framing in
each kitchen, replaced tile with carpet in the dayroom, additional fluorescent
lights in kitchens, added dumpster pad in back, floor access panels in bays,
keypad on doors for entrances, back door on office side changed, door location
changed, added drywall to mezzanine area for a total of $20,221.00 for change
order estimate # 4.
Change Order # 5 is for curbing and signage. Item 1 for standing curb, item 2 standing
curb at north side of building and item 3 for building sign per faxed drawing
on
Pat Stoffers said he had met with Jim at the building site and Jim had
walked him through all of these change orders.
He thinks these all changes are sensible and conscious with the bond
money and recommended the Council’s approval.
Lisa Creech made a motion to adopt Change Order # 4 for the
Ellettsville Fire Station. William Evans
seconded. Motion carried.
Lisa Creech made a motion to adopt Change Order # 5 for the
Ellettsville Fire Station. William Evans
seconded. Motion carried.
Privilege of the Floor
Jeff Sears lives at
Patrick Stoffers said he would check into this situation tomorrow
morning.
Supervisor’s Comments
Sandra Hash said she
would be on vacation next week, October 18th – October 22nd.
Dennis Williamson
stated he had participated in the INDOT final inspection of State Road 46
project. There were several items the
Utilities and Street Department worked on.
Jim Ragle, Mike Farmer and their crews did a good job getting those
things done and as far as he knows the Town’s part is complete. He congratulated Ron McGlocklin for the
update on the building project. The
Hilly Hundred is this weekend and the school’s Soccer sectionals are this
weekend hosted by R. B. B. S. C. C. also so there will be a lot of traffic so
be careful.
Lisa Creech said
she’s received some calls from Town residents about fliers they’ve received
concerning painting house numbers with reflective paint to make it easier for
emergency services to respond to residences.
This is not mandatory and the Town is not responsible for sending out
the fliers. This is a private
company and strictly up to the homeowners discretion whether they would like
their house number painted by this company.
She will not be at the next Council Meeting because she will be in
Phillip Rogers said we’ve
received several complaints about speeding on
William Evans agreed
with Phil about the speeding issue. He
said the Council has been speaking with Frank Nierzwicki to fill the Planning
and Zoning Administrator position for part-time for the remainder of the year
and asked Frank to the podium.
Frank Nierzwicki
introduced himself stating he is originally from
Patrick Stoffers added
he had become acquainted with Frank through their mutual employment with the
City of
William Evans read the contract in its entirety.
Stuart York, reporter
from The Journal asked since the Town originally had budgeted for a PZA an
annual salary of $36,000 wouldn’t this hourly rate of $32.50 be approximately
twice what was budgeted.
v Frank Nierzwicki signed on as new Town of Ellettsville
Planning and Zoning Administrator effective immediately until
Patrick Stoffers
reminded everyone that he was detained for the last couple Council Meetings by
the Solid Waste District Board Meetings because they have been trying to
resolve the landfill issue and discussions with Hoosier Disposal for an
agreement. This agreement is ready but
an item still needs to be resolved. At
this coming Thursday’s agenda the District Board is considering reopening the
Ellettsville Recycling site and the Bethel Lane site to three days a week. The data justifies an additional day of
service is needed which if approved would make the site open on Mondays,
Wednesdays and Saturdays.
Adjournment
Phillip Rogers made a motion to adjourn this meeting. William Evans seconded. Motion carried. Meeting adjourned at